SHANTI DEVI,SAMBHAL vs. ITO WARD 1(5), SAMBHAL
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the notices were sent to an email ID not belonging to the assessee. Considering the assessee's illiteracy and lack of online presence, the Tribunal directed the AO to delete the penalty of Rs. 10,000/- for non-compliance with notices under section 142(1).
What were the facts?
The assessee, an illiterate lady residing in a village, failed to appear before the AO and comply with notices issued under section 142(1). She claimed that her total income was below the basic exemption limit and she was unaware of online proceedings as she did not have an email ID or registered PAN. The AO levied a penalty under section 272A(1)(d) for non-compliance.
What were the issues?
Whether the penalty levied under section 272A(1)(d) for non-compliance with notices under section 142(1) is sustainable when the assessee is illiterate and unaware of online proceedings?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI
O R D E R
PER MANISH AGARWAL, AM:
This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [‘Ld. CIT(A)’ in short], in Appeal No. NFAC/2018-19/10397076 dated 30.09.2025 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’ in short) for Asst. Year 2019-20.
None appeared on behalf of the assessee.
On the other hand, the Ld. SR. DR supports the order of the Ld. CIT(A) and submits that assessee has not made compliance to the statutory notice issued u/s 142(1) of the Act before the AO, therefore, he is liable to penalty u/s 272A(1)(d) of the Act. He thus prayed for the confirmation of the penalty levied u/s 272A(1)(d) of the Act.
Heard the Ld. Sr. DR and perused the materials available on record. It is true that assessee has not appeared before the AO and failed to make compliance on two occasions, however, it was submitted by the assessee before Ld. CIT(A) that she is residing in Village –Dariapur Rajdev Chokuni-Sambhai and is illiterate and since her total income is below the maximum amount of basic exemption limit, she was not obliged to file the return of income. The notices issued by the AO through online mode, however as the assessee neither have any mail id nor registered her PAN and never visited the online portal thus was not aware of the pending assessment proceeding, therefore, even the assessment order was passed ex-parte. Under these facts, the assessee prayed for the deletion of the penalty before the Ld. CIT(A) who after considering the submissions made, deleted the penalty of Rs.10,000/- and confirmed the penalty of Rs.10,000/- u/s 272A(1)(d) of the Act for non-compliance of the statutory notices.
It is further observed that the AO his served the notices though mail-ID sachin00464@gmail.com, however such mail-ID was not belonged to assessee as according to the assessee her PAN was never registered online portal. In view of these facts, we direct the AO to delete the penalty levied of Rs.10,000/- for non- compliance of the notices u/s 142(1) of the Act. Both the grounds of appeal
are thus allowed.
More judgments on Section 272A(1)(d)
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2465/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Vipulbhai Keharbhai Kukadiya, Bhavnagar vs The Income Tax Office, Ward 1(9) Bhavnagar…ITA 2464/AHD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Alkeshbhai Chimanbhai Barot, Ahmedabad vs ITO Ward 1(2)(1), AhmedabadITA 178/AHD/2026[2023-24]Status: Disposed13 Oct 2026AY 2023-24
- Alkeshbhai Chimanbhai Barot, Ahmedabad vs The ITO, Ward 1(2)(1), AhmedabadITA 177/AHD/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Sukant Kumar vs. Union Of INDIA And 6 OthersAllahabad · 21 Oct 2026